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HIGH COURT OF JUDICATURE AT MADRAS
The State of Tamil Nadu, – Appellant
Versus
L. Justin Fernando, – Respondent
WA(MD) 213 2023
An interim stay may be granted in a case where the facts are similar to those of a previous case in which an interim stay had been granted.
Headnote:
INTERIM STAY - DEPUTY TAHSILDARS' PANEL - REVISED - CHALLENGE - SIMILAR WRIT APPEAL - INTERIM STAY GRANTED - FOLLOWING THE SAME, INTERIM STAY GRANTED IN THE PRESENT CASE.
Fact of the Case:
The State of Tamil Nadu filed a writ appeal challenging the order of the Madras High Court, which had quashed the revised panel of Deputy Tahsildars for the years 2004 to 2020. The petitioners, who were non-graduate Assistants, had challenged the revised panel on the ground that they should have been given preference over Direct Assistants in preparing the panel for promotion.
Finding of the Court:
The Madras High Court noted that a similar writ appeal had been filed before it, and in that case, an interim stay had been granted. The court found that the facts of the present case were similar to those of the previous case, and therefore, it granted an interim stay in the present case as well.
Issues: Whether the revised panel of Deputy Tahsildars for the years 2004 to 2020 was valid.
Ratio Decidendi: The Madras High Court held that the facts of the present case were similar to those of a previous case in which it had granted an interim stay. Therefore, the court granted an interim stay in the present case as well.
Final Decision: The Madras High Court granted an interim stay of the operation of the order dated 06.12.2022 in W.P. (MD). No. 24761 of 2022, pending disposal of the writ appeal.
W.A.(MD) No.213 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Thursday, the Second day of March Two Thousand and Twenty Three
PRESENT
The Hon`ble The ACTING CHIEF JUSTICE
and
The Hon`ble Mr.Justice D.KRISHNAKUMAR
W.A.(MD) No.213 of 2023
in
C.M.P.(MD) No.2582 of 2023
1 THE STATE OF TAMIL NADU,
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE AND DISASTER MANAGEMENT,
DEPARTMENT SERVICE WING (SER.3(2)) SECTION,
FORT ST.GEORGE, CHENNAI-600 009.
2 THE PRINCIPAL SECRETARY/
COMM ISSIONER OF REVENUE ADMINISTRATION,,
CHEPAUK, CHENNAI 600 005
3 THE DISTRICT COLLECTOR,
RAMANATHAPURAM DISTRICT,
RAMANATHAPURAM ...APPELLANTS/RESPONDENTS
Vs
1 L. JUSTIN FERNANDO
2 A. LALITHA
3 G. VELAMBAL
4 S.K. VASUMATHY
5 C. SHANTHI
6 M.V. AMARNATH
7 T.S. PREMA ... RESPONDENTS/WRIT PETITIONERS
Petition filed praying that in the circumstances stated
therein and in the affidavit filed therewith the High Court may be
pleased to set aside the order dated 06.12.2022 made in WP(MD)
No.24761 of 2022 and allow the writ appeal.
1/4
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.213 of 2023
Prayer in CMP(MD). 2582/ 2023 :
To grant INTERIM STAY of the operation of the order dated
06.12.2022 in W.P. (MD). No. 24761 of 2022, pending disposal of the
above Writ Appeal and thus render justice.
Prayer in WP(MD). 24761/ 2022 :
Writ Petition filed under Article 226 of Constitution of
India, praying this Court to issue of Writ of Certiorari, to call
for the records pertaining to the notification of the 3rd respondent
in Na.Ka.Pa.A1/ 27189/2019 dated 28.02.2022, for the revised panel
of Deputy Tahsildhars 2004 to 2020, Na.Ka.Pa.A1/ 27189/ 2019 dated
06.05.2022 for the revised panel of Deputy Tahsildhars 2010-2015,
2017-2019 and Na.Ka.Pa.A1/ 27189/ 2019 dated 06.09.2022 for the
revised panel of Deputy Tahsildhars 2015 and 2017-2019 revised DT
panels for the years 2015, 2017 to 2019 of the quash the same and
thus render justice.
ORDER : This petition coming up for orders on this day, upon
perusing the petition and the affidavit filed in support thereof and
upon hearing the arguments of M/S.R.BASKARAN, Additional Advocate
General Assist.by, MR.P.T.THIRAVIYAM, Government Advocate for the
petitioner and of M/S.S.C.HEROLD SINGH, Advocate for M/S.AAYIRAM
K.SELVAKUMAR, Advocate on behalf of the Respondents the court made
the following order:-
[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE]
Mr.S.C.Herold Singh, learned counsel, enters appearance for
Mr.Aayiram K.Selvakumar, learned counsel, who takes notice for the
respondents.
2. It is seen that in a similar writ appeal, this Court, by
order dated 23.12.2022, has granted interim stay in W.A.(MD) No.1522
of 2022, which is extracted hereunder:
“This Writ Appeal is directed against the order dated
06.12.2022 made in W.P.(MD)No.24006 of 2022 on the file
of this Court.
2.The learned counsel for the appellant submitted that
the appellant has been appointed as Direct Assistant by
the recruitment of TNPSC on 11.03.2011 and he is fully
eligible to be appointed for the post of Deputy
Tahsildar by way of recruitment by transfer by following
the rules of reservation. Since he is a Direct
Assistant, he should be given preference than the non-
graduate Assistants in preparing the panel for
promotion. The respondents 1 to 4 were given appointment
as Deputy Tahsildar and subsequently, as Tahsildars only
temporarily and subject to the outcome of the final
decision in Civil Appeal Nos.251 to 256 of 2015 and
2/4
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.213 of 2023
Civil Appeal Nos.9334 to 9336 of 2018. Since the
respondents 4 to 7 had accepted the conditional
temporary promotion, the same could be reversed by the
authorities at any time w
